TELECOMMUNICATIONS ACT 1997 - SECT 83 Revocation of nominated carrier declaration

TELECOMMUNICATIONS ACT 1997 - SECT 83

  (1)   The ACMA may, by writing, revoke a nominated carrier declaration relating to a nominated carrier if the ACMA is satisfied that, if it were assumed that the nominated carrier were to apply for the declaration, the ACMA would refuse to make the declaration.

  (2)   The ACMA must, by writing, revoke the nominated carrier declaration relating to a nominated carrier and relating to one or more network units if:

  (a)   the owner, or any of the owners, of the network units gives the ACMA a written notice stating that the owner does not consent to the continued operation of the declaration; or

  (b)   the nominated carrier gives the ACMA a written notice stating that it does not accept responsibility for the units for the purposes of this Act.

  (3)   The ACMA must give a copy of the revocation to:

  (a)   the former nominated carrier; and

  (b)   the owner, or each of the owners, of the network units concerned.

  (4)   A copy of the revocation must be published in the Gazette .

  (5)   A revocation under subsection   (1) or (2) takes effect on the date specified in the revocation.

  (6)   The ACMA must not revoke a nominated carrier declaration under subsection   (1) unless the ACMA has first:

  (a)   given the nominated carrier a written notice:

  (i)   setting out a proposal to revoke the declaration; and

  (ii)   inviting the nominated carrier to make a submission to the ACMA on the proposal; and

  (b)   considered any submission that was received within the time limit specified in the notice.

  (7)   A time limit specified in a notice under subsection   (6) must run for at least 7 days.

  (8)   In this section:

"this Act" includes the Telecommunications (Consumer Protection and Service Standards) Act 1999 and regulations under that Act.